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General comments made by other relevant stakeholders



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3. General comments made by other relevant stakeholders


864. The International Movement against Discrimination and All Forms of Racism welcomed the acceptance by Japan to a number of the recommendations but regretted its established position, for example in respect of the issues of comfort women, the death penalty, the lack of any domestic legislation prohibiting discrimination and the human rights of the indigenous Ainu peoples. It regretted that Japan had chosen not to accept a large number of recommendations, including the enactment of a national law to prohibit discrimination in spite of its obligations. It welcomed the recommendations on implementing the United Nations Declaration on the Rights of Indigenous Peoples, and applauded the recent resolution by Japan’s national Parliament, followed by the official statement of the Government, regarding recognition of the Ainu as indigenous peoples. It welcomed Japan’s commitment to fully involve civil society in the follow up process, and regretted that it did not undertake broad or meaningful consultations with civil society for its national report.

865. The World Organization against Torture and the Asia-Japan Women’s Resource Centre made a joint statement in which they warmly welcomed the comprehensive examination by the Council of the human rights situation in Japan, including gender-based violence and discrimination against women. They also welcomed the fact that Japan has expressed its determination, as a re-elected member of the Council, to implement its obligations under the human rights instruments and to address “situations of violation of human rights, including gross and systematic violations” worldwide in its voluntary pledges and commitments. They stated that they expect Japan to prove its commitment notably in addressing the “gross and systematic violations” of women’s human rights for which it is responsible, namely Japan’s military sexual slavery during World War II. According to the Committee against Torture, sexual violence and slavery in this context amounted to torture and called on Japan to stop the “continuing abuse and re-traumatization” that result from “official denial of the facts, concealment or failure to disclose other facts, failure to prosecute those criminally responsible for acts of torture, and failure to provide adequate rehabilitation to the victims and survivors”. They called on Japan to urgently act on all recommendations including those on military sexual slavery without reservation, and set a best practice in ensuring remedies for the survivors of the most serious forms of violence against women in armed conflict. They stated that failure to do so would raise a serious doubt as to Japan’s ability to act as a responsible member of the Council.

866. International Association of Democratic Lawyers, Indian Council of South America and Interfaith International made a joint statement indicating their full support for the recommendation that Japan should urgently review the use of the death penalty, have a moratorium and abolish it. They raised the question whether many Japanese people knew about the content of the Second Optional Protocol to the International Covenant on Civil and Political Rights and the resolution adopted by the General Assembly seeking a moratorium. They suggested that the United Nations advise and cooperate with the Government of Japan so that the Japanese people become aware of the international tendency to create a society without the death penalty and that Japan would abolish the death penalty.

867. The Japan Federation of Bar Associations appreciated the positive approach shown by the Government of Japan during the session of the Working Group by involving officials of the relevant ministries and in engaging itself into a constructive dialogue. A total of 26 recommendations were made by States on various human rights issues, including on those that have remained unsolved despite repeated recommendations made by treaty bodies, in particular on the death penalty, the Daiyo-Kangoku substitute prison system and a national human rights institution. It was pleased to note that the Government had today accepted some of the recommendations, including regarding the establishment of a national human rights institution in accordance with the Paris Principles. It was also encouraged by the willingness of the Government to involve civil society in the follow-up to the universal periodic review process and to consider adhering to human rights treaties, including the First Optional Protocol to the International Covenant on Civil and Political Rights. It noted with appreciation the Government intention to carefully consider the need to introduce mandated recording or videotaping of all interrogations. It was disappointed by the reluctance of the Government to accept a number of recommendations and urged it to re-examine its position and start to move towards acceptance of the recommendations, in particular, on a moratorium on executions and the review of the Daiyo Kangoku system.


4. Views expressed on the outcome by the State
under review and concluding remarks


868. Japan thanked all delegations for participating in the discussions on its country and for their suggestions, encouragement and recommendations and for the different comments from non-governmental organizations. Japan shared the view that the universal periodic review should be a cooperative and effective mechanism and hoped that it will function as a mechanism that can contribute to the improvement of human rights all around the world.

869. Japan intended to make a positive contribution towards the improvement of human rights, while taking into consideration each country’s situation, such as its history, traditions and a variety of other elements and bearing in mind Japan’s basic approach of dialogue and cooperation.

870. Japan stated that new challenges and new kinds of human rights problems were being faced and that the Governments of all countries had to tackle them and take necessary measures. Japan further stated that it will continue to contribute to achieving better results for the human rights in the international community, in close cooperation with the United Nations, regional communities, other national Governments and civil society.

871. The delegation stated that the Council gave birth to the universal periodic review and Japan participated in this new endeavour as one of the first States to be under review. In Japan’s view, the Council was steadily gaining in experience and formulating the practices of the review. Japan

would continue to participate actively in the review process and would make a further contribution so that it could function as an effective tool of the Council towards the improvement of the human rights situation around the world.

872. Japan sincerely hoped that in the course of the interactive dialogue there could be fruitful and constructive exchanges of opinions on Japan’s human rights situation. Lastly, Japan thanked all delegations, and in particular the President of the Council and the Secretariat.


Ukraine


873. The review of Ukraine was held on 13 May 2008 in conformity with all the relevant provisions contained in Council resolution 5/1, and was based on the following documents: the national report submitted by Ukraine in accordance with the annex to Council resolution 5/1, paragraph 15 (a) (A/HRC/WG.6/2/UKR/1); the compilation prepared by OHCHR in accordance with paragraph 15 (b) (A/HRC/WG.6/2/UKR/2); and the summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/2/UKR/3).

874. At its 20th meeting, on 12 June 2008, the Council considered and adopted the outcome of the review on Ukraine (see section C below).

875. The outcome of the review on Ukraine is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/45), together with the views of Ukraine concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group.



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